CONDITIONS
1. Placing an order
1.1. The following conditions apply to all orders accepted by the contractor.
1.2. The deviation of terms and conditions of the customer do not apply unless it has have been expressly confirmed in writing by the contractor.
1.3. Only the written confirmation by the contractor is decisive for the content of the contract. Verbal agreements must be confirmed in writing to be effective.
2. The film
2.1. The basis of film production is the concept, script or storyboard provided or approved by the client, a film layout or the result of the discussions between client and contractor before the start of shooting, as far as these are recorded in writing.
2.2. The client agrees to transfer all rights necessary to the contractor for further processing of the materials made available in accordance with section 2.1.
2.3. The manufacturing quality is the agreed quality by the contractor’s company.
2.4. The contractor is responsible for the technical and artistic design of the film as a whole as well as its parts.
2.5. The client bears the responsibility for the factual accuracy of the content of the advertising and the legal admissibility of the advertising, unless the contractor has deviated from the content of the contract and / or has received instructions from the client contrary to their duties.
3. Costs
3.1. The agreed manufacturing costs are binding for the contractor, provided there is no change in the scope of the order or in the scope of the agreed use after the order has been accepted.
3.2. If additional costs arise from requested changes by the client, the contractor must inform the client of this.
3.3. The client provides the contractor with the original advertising materials free of charge and in time for the purpose and for the duration of the film production. The client explicitly allows the contractor to process the materials professionally to the extent necessary for the execution of the order.
3.4. The contractor will select actors, models and speakers in consultation with the client. If the client requests actors, speakers or other contributors due to any reason, above-average fee claims, the client must bear the additional costs incurred as a result.
3.5. Weather-related shifts or breaks in filming (weather risks) are not included in the calculated manufacturing costs. Additional costs due to weather risks are to be taken on separately by the client.
4. Film Production
4.1. Production begins with the acceptance of the order, and at the latest with the last confirmed meeting in writing before production.
4.2. The client or a representative appointed by the contractor is given the opportunity by the contractor to be present at all crucial phases of film production.
4.3. Before the start of production, the client must name a representative who alone is authorized to make decisions and issue instructions. Instructions from this representative are binding even if they are not confirmed in writing.
4.4. Any changes that the contractor requests or makes must be done by the customer before the start of production, provided that the contractor can be expected to bare responsibility for the change for artistic or technical designs reasons. If the change is unreasonable for the contractor, they have the right to reject the change. The client has the right to cancel the order after the rejection of the change. The customer shall bear the costs incurred up to the time of the termination, including a reasonable pro-rata remuneration of the contractor.
4.5. The contractor must agree to any requests for change after the start of production. The client has to bear any additional costs and a reasonable increase in the remuneration of the contractor.
4.6. If the client initiates recordings at the client’s place of work or factories, any operational disruptions caused by this will be taken on by the client. The contractor’s liability for damage resulting from operational disruptions is limited to intent and gross negligence.
4.7. If the client expressly requests the finalization of a specific insurance, they must inform the contractor of this before the order is accepted and bear any costs incurred.
5. Approval
5.1. Immediately after completion of the film, the contractor will send the client a sample copy for acceptance or show the client the film. Acceptance is deemed to have taken place no later than 14 days after the expiry of this point in time, unless the client has expressly accepted the film beforehand or has refused acceptance in writing.
5.2. The rejection of the acceptance of the film by the client is excluded if the content and quality of the film was produced in accordance with sections 2.1 and 2.3 and only contains changes that are based on instructions from the client or have been approved by the client (exclusion of taste returns).
5.3. The statutory provisions remain unaffected.
6. Delivery date
6.1. The time of delivery of the sample copy will be agreed between the client and the contractor prior to the start of production based on a schedule (schedule) created by the contractor.
6.2. If the schedule clearly cannot be kept, the contractor must immediately inform the client of the reason and duration of the delay.
6.3. If the client is responsible for the reasons for a delay, in particular if the delay is based on the client’s requests for changes, the time of delivery will be postponed by the time period of the resulting delay and / or interruption of production, unless the delay is not due to an interruption.
Breach of duty by the contractor.
6.4. If the time of delivery is not met, the client must set a reasonable period of grace for the contractor. In addition, the statutory provisions apply.
7. Transfer of rights
7.1. The contractor transfers the exclusive rights of use of the film for use in content such as advertising films in the agreed space and time in accordance with the existing collective agreements or otherwise by the beneficiary who has acquired it within the customary framework.
7.2. A subsequent extension of the agreed temporary and / or spatial usage rights will be carried out at the request of the client, as far as this is possible for the contractor, by assigning the desired usage rights against the set payment, or alternatively, the appropriate, remuneration. The contractor can only refuse the extension for an important reason.
7.3. The extension of the content of the right of use requires an agreement between the client and the contractor.
7.4. As far as individual rights, in particular sound carrier, performance and broadcasting rights, are owned by GEMA or similar collecting societies, these rights are expressly not transferred.
7.5. The client has the right to dub and / or subtitle in foreign languages, to use extracts in images and / or sounds and to convert the format, e.g. for use on the Internet as long as this has been expressly agreed and paid for in the contract and as far as this does not grossly violate the artistic reputation of the participants.
7.6. Processing or changes have to be carried out by the contractor, unless this is unreasonable for the client.
7.7. Any changes require the prior express consent of the contractor.
7.8. The client has the right to transfer the usage rights that they have acquired in whole or in part to third parties or to have them exercised by third parties.
7.9. When the customer directly acquires rights to the film, they grant the contractor the right to use the film as a reference for the contractor’s own purposes.
7.10. The transfer of rights to the customer takes place with the acceptance and payment of the manufacturing costs.
7.11. The image and sound negatives, as well as all materials (e.g. screenplays) and documents created by or on behalf of the contractor or for the production remain the property of the contractor. Rights to this are expressly not transferred to the client.
8. Terms of payment
8.1. The manufacturing costs, plus 19% sales tax are due; 50% upon acceptance of the order and 50% upon delivery.
8.2. Reported costs that were incurred before the order was accepted, in particular travel costs, casting costs etc…, are separate and due in full when the order is accepted.
9. Copies and storage
9.1. The production and reproduction of copies for the contractor’s own advertising purposes or for festivals or competitions is expressly permitted from the time of the first performance to the time of acceptance.
9.2. Upon delivery of the film master, the risk of loss of the document copies passes to the client. This also applies if the film work is stored by the contractor or a third party commissioned by them.
10. Liability
10.1. The contractor is liable to the client for intent and gross negligence. Liability for slight negligence is excluded as far as there is no liability for damage to life, limbs or health.
11. Final provisions
11.1. Changes and additions to these general terms and conditions and any separate agreements must be in writing to be effective.
11.2. Should individual clauses of these general terms and conditions be or become ineffective in whole or in part, the effectiveness of the general terms and conditions remain otherwise unaffected.
11.3. The place of jurisdiction for disputes is Berlin.
